Policies

PRIVACY POLICY

Inertia Beverage Group, Inc.
Last revised: April 8, 2010

This Privacy Policy ("Privacy Policy") covers Inertia Beverage Group, Inc.’s (“IBG, we, us, or our”) treatment of personally identifiable information collected by or submitted to IBG, including information submitted via the Internet, by telephone, mail or otherwise. All references to IBG in this Privacy Policy are intended to be inclusive of authorized use of any IBG owned, hosted and/or operated web sites or services (collectively, the “Sites”), including but not limited to, “REthink Engine™”, “REthink Compliance™”, “REthink Wine Blog™”, “IBG Fulfillment Services™”, “Inertia Beverage Group Insite™”, “Wine Revolution™”, and “Collective Vine™”. IBG respects your desire for privacy and will make reasonable efforts to use personally identifiable information in accordance with this Privacy Policy. Because this Privacy Policy addresses IBG’s use of personally identifiable information, IBG suggests that you review this Privacy Policy carefully. Note that to the extent any portions of the following Privacy Policy are inconsistent with applicable law or regulations, or to the extent you provide your express consent for uses not specifically described below, then such laws or regulations, or your express consent, will govern IBG’s use of your personally identifiable information.

INFORMATION COLLECTION

General

It is the policy of IBG that no part of any data uploaded by IBG Clients (“Clients”) in the course of using any of the Sites will be used for commercial purposes, given to other companies or associations or otherwise made available for use by any entity. The issue of assuring the privacy of Clients using the Sites, their customer and sales data, and the privacy of their customers is of critical importance to us. To the extent IBG views any data uploaded to our Sites, it is always viewed as anonymous and aggregate data and never individual data or data associated with a particular Sites’ user. Subject to the other statements in this Privacy Policy, IBG’s policy is not to request or collect especially sensitive personally identifiable information, such as religious preferences, racial or ethnic background or other similar forms of data. IBG collects personally identifiable information that you provide to us, and that you provide to our Clients who in turn provide it to us, over the Internet, by email, regular mail, or by phone, or that we may receive from third parties that give your information to us through other legal means. For the purposes set forth in greater detail below, IBG may collect information in any of the following categories: your name, physical address, email address, phone numbers, date of birth, personal interests or preferences, information regarding your interest, purchase or use of IBG’s or our Clients’ services or products, and other information relevant to responding to your inquiries and providing services to our Clients and business partners. In connection with the following, IBG may collect financial information from or about you, such as credit card numbers, billing addresses, expiration dates, and etc., in order to facilitate the billing and payment of your accounts and purchases from IBG or our clients. For information you submit directly to IBG, we will generally attempt to notify you which categories of information are required and which are optional. If you do not wish to provide us information that IBG requests, then you should not provide such information. However, please be aware that if you do not provide us with certain information that we require, then we may not be able to respond to your requests, process your inquiries, bill or pay you in accordance with your proposed contracts with us, or provide you complete services. If you have any concerns about the nature of the information IBG collects, you may contact us at the address as set forth below.

Certain Other Forms of Information Collected on the Internet

Use Data

If you use our Sites, IBG may collect non-personally identifiable information about your use of the Sites (such as IP addresses, domains, browser type and version, and operating system) ("Use Data").

Cookies

A cookie is a small file stored on a user's computer that contains information about the user. IBG may use either session ID cookies and/or persistent cookies. For the session ID cookie, once a user closes the browser, the cookie simply terminates. A persistent cookie is a small text file stored on a user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. By showing how and when you use the Sites, cookies help us see which areas are popular and which are not and help in targeting information based on your interests. Cookies also allow us to store the personal preferences that you set during each visit to the Sites, which in turn allows us to speed up your future activities at the Sites. Most browsers are initially set to accept cookies. You can set your browser to notify you when you have received a cookie, giving you the opportunity to decide whether to accept it. You have the option to reject our cookies and still use our Sites, but you may not be able to access or use some of the features we offer on our Sites (including certain members-only functions and functions with respect to IBG’s referral programs). Our Sites include third–party advertising and links to other websites. Some of our business partners (e.g., advertisers) use cookies on our Sites. We have no access to or control over these cookies. These third–party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single–pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third–party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.

Log Files

Like most standard website servers, our Sites use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement and gather demographic information for aggregate use. IP addresses are not linked to personally identifiable sites.

USE OF INFORMATION

Use to Fulfill IBG’s Obligations and Your Requests

IBG will use your personally identifiable information to provide you with any information you request from us, including sales and marketing materials, and to address any communications that you may have initiated or authorized. IBG will also use your information to fulfill our obligations to you pursuant to any contracts or agreements that you may enter into with IBG, or in connection with any of our programs, events or promotions in which you register or participate. For example: If you are a prospective customer, IBG uses information you submit in connection with your inquiries, to establish and activate your account. We may also use your information to provide assistance or support with respect to your use of our services or Sites, to troubleshoot problems and to resolve disputes that may arise. Further, IBG may use your information to improve our content, advertising or services, or to analyze trends or to customize the display or format of our marketing content or Sites. From time to time, IBG may send you information about our services and offerings, and about certain products and services of selected third parties, in which we think you may be interested. IBG will not use your information or send you information if you have notified us of your preference not to have your information so used, or not to receive such information, or when we are prohibited by law from doing so.

Use on Behalf of IBG's Clients

Frequently, IBG will receive your personally identifiable information from our Clients, who require that we use your information so that our Clients may fulfill their contractual obligations to you. This may include processing orders that you place with our Clients, sending you emails regarding your accounts and orders with our Clients, and giving you updates and announcements that you have authorized our Clients to provide you. This information may include: contact information such as name and shipping address; financial information such as credit card number, expiration date, billing address, and billing phone number. This information is used for billing purposes to verify that the customer is of legal age, and to fill customers' orders. If we encounter difficulty when processing an order, this contact information is used to contact the user. It is our policy to use your personally identifiable information consistent with the terms of the privacy policy of our Client who provided your information to us, but IBG relies on the representations of our Clients that they have received all proper consents to provide us your personally identifiable information and to use it in the manner in which they instruct us. Sharing of Information For the purposes described above and to the extent permitted by law and regulations, IBG may share your personally identifiable information with the following categories of entities: Our Clients on whose behalf you submit your information to us, or who originally submitted your information to us. Third parties that perform information processing on IBG’s (or our Clients’) behalf or that provide analyses of use of IBG’s or our Clients’ products, services or sites. Third parties that perform on IBG’s (or our Clients’) behalf, or that help us perform, IBG’s (or our Clients’) contractual obligations to you. In response to a request by law enforcement or other governmental personnel or court order or subpoena; if IBG is under a legal obligation to do so; to protect the integrity of our company if we believe that a user has committed unlawful or otherwise harmful acts; to protect our interests in connection with a legal proceeding; in emergency situations to protect health or safety; if we believe such disclosure is in your vital interest; or if we obtained your information from public sources. On rare occasions, to third parties with whom IBG has advertising or promotional relationships (provided that we are not otherwise restricted from making such disclosures). In connection with any merger or consolidation with, or sale of substantially all of IBG’s assets to, an affiliated entity or third party, in which case such other entity will be informed of its obligations with respect to your information under this Privacy Policy.

Use of Use Data and other Internet-Based Information

IBG uses aggregated (i.e., non-personally identifiable) Use Data for purposes of site administration and to compile information about usage of our Sites. IBG may share aggregated information (which does not contain your personally identifiable information) with third parties, such as advertisers and marketing partners. We may combine personally identifiable information with Use Data to help us serve you better in connection with your use of our Sites, and to respond to your requests for technical assistance (e.g., IBG may record which IBG browser you use in order to help respond to your questions with difficulties using our Sites).

SECURITY

IBG takes appropriate technical and organizational measures to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect. But no transmission of data over the Internet is guaranteed to be completely secure, and IBG cannot guarantee the security of any information you provide to us. For example, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, IBG does not promise or guarantee, and you should not expect, that your personally identifiable information or communications with us will always remain private.

MODIFYING OR DELETING PERSONALLY IDENTIFIABLE INFORMATION; OPT-OUT

IBG intends to keep your information accurate and up to date. You have the opportunity to review and correct any of your information that we may have, or to restrict the uses we make of your information. In order to review or correct your information that IBG has on file, please take the following steps: Contact IBG via email at info@inertiabev.com. Give us your name and email address, together with any information that might help us more effectively serve or communicate with you. Let us know how we can help you. Let us know the most convenient way for IBG to communicate with you (email or phone). If you request that certain information be amended, IBG will use reasonable efforts to accommodate your request in a timely manner.

If you are a Client or otherwise have established a contractual relationship with IBG, there is certain information that we must maintain in order to properly service your account. IBG retains certain information in our sole discretion that we need to process your information in order to fulfill your requests and our contracts with you, to maintain our records in accordance with industry practices, to resolve disputes, to troubleshoot problems, to enforce this Privacy Policy, or for other valid business reasons; it is not IBG’s policy to retain more information for longer than is necessary. Please note that IBG will not remove your non-personally identifiable Use Data from our aggregated files. Furthermore, please be aware that even if you request that your information be removed from our systems, such information may never be completely removed due to technical and legal constraints, including backup and disaster recovery systems, as IBG has the need to keep some information to track and record your requests. You may receive information regarding new features, services and special offers we think you'll find valuable. If you'd like to opt out of future mailings, contact IBG via email at info@inertiabev.com.

NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY

IBG may, at our sole discretion, revise this Privacy Policy at any time in a manner consistent with applicable law and regulations. When IBG revises this Privacy Policy, we will incorporate the revisions into this Privacy Policy and will revise the "last updated" date at the top of this page. Please check this Privacy Policy periodically for the most current version of IBG’s Privacy Policy to confirm your continued agreement with its terms, which will be inferred by your continued association with us following any such modifications.

MINORS

IBG’s Sites are not directed toward individuals under twenty-one years old (“Minors”) nor do we knowingly collect information from Minors.

LINKS

IBG’s Sites may contain links to other sites. Please be aware that IBG is not responsible for the privacy practices of such other sites. IBG encourages our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by IBG Sites.

CONTACT INFORMATION

You may contact us at any address or number that IBG has provided to you, or, as a general matter, at the following:

IBG
1190 Airport Blvd., Ste. 200
Napa, CA  94558
707-603-4000

Terms & Conditions

Welcome to WineREvolution (the "Site"), a web-based wine shopping solution for the U.S.-based licensed trade accounts developed by Inertia Beverage Group, Inc. ("IBG, we, us, or our"), the legal owner of the primary site and all other web sites displaying the primary site (collectively, the "Site"). By using our Site, you agree to comply with and be bound by the following terms of use and all applicable laws. Please review the following terms carefully. If you do not agree to these terms, you should not use our Site. As used below, the word "you" refers to the user or viewer of our Site.

1. Background.

IBG is a supply-chain and technology enablement provider. IBG is in the business of using IBG’s proprietary “REThink Engine” technological service system (referred to as the “fulfillment” system) to facilitate the transmission and exchange of information related to alcoholic beverage products between the parties to the transactions and in lawfully using technology to assist the parties in facilitating the movement of such products through the three-tier system of alcohol distribution. This fulfillment system provides technological linkage between a licensed wine producer (“Producer”) and a licensed retailer (“Retailer”) in a manner compliant with applicable laws and regulations regarding the distribution and/or sale of alcoholic beverages (“Laws”). IBG is the designated representative and agent for certain Producers and, subject to any separate agreement with such Producers, is authorized to represent such Producers for purposes of facilitating the flow of information and products in a lawful manner between the parties. At no time does IBG act as a licensed wine producer, manufacturer or retailer in its own right.

2. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use (this "Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between us and you with respect to our Site, the content, products or services provided by or through our Site, and the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings, and may be amended by us from time to time without specific notice to you. The latest Agreement will be posted on our Site, and you should review this Agreement prior to using our Site.

3. Proprietary Rights.

(a) The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to our Site are protected under applicable copyrights, marks and other proprietary rights. Except for the express limited purpose permitted by Section 4 below, the copying, redistribution, use or publication by you of any such matters or any part of our Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through our Site. The uploading or posting of information or materials to our Site does not constitute a waiver of any right in such information and materials. Some content on our Site is the copyrighted work of third parties.

(b) "Wine REvolution" is one of our service marks. Other product and company names mentioned on our Site may be names, logos, or marks or ours or third parties. You are not allowed to use any name, logo or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner of such name, logo or mark.

4. Limited Access License from Us.

We give you a non-exclusive, non-sublicensable, non-transferable and revocable license (a) to access and use those aspects of our Site solely for personal and non-commercial purposes strictly in accordance with this Agreement; and (b) to print, copy, distribute, transmit, download and store in electronic format information that is generated from and made available through those aspects of our Site solely for personal and non-commercial purposes strictly in accordance with this Agreement provided you maintain all copyright and other policies contained therein. No other right or license is given to use or access our Site.

5. Restrictions and Prohibitions on Use.

Your limited license for access and use of our Site and any information, materials or documents (collectively, "Content and Materials") therein is subject to the following restrictions and prohibitions on use: You may not (a) print, copy, distribute, transmit, republish, display, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Site or any Content and Materials retrieved from it except for the express limited purpose permitted by Section 4 above; (b) use our Site or any materials obtained from it to develop any information, storage and retrieval system, database, information base, or similar resource or component thereof (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from our Site; (d) use any Content and Materials from our Site in any manner that may infringe any proprietary right of us or any third party; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in our Site; (f) make any portion of our Site available through any sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer our Site software or use any network monitoring or discovery software to determine our Site architecture; (h) use any automatic or manual process to harvest information from our Site; (i) use our Site in a manner that violates any state or federal law; and (j) export or re-export our Site or any portion thereof, or any software available on or through our Site, in violation of the export control laws or regulations of the United States.

6. Forms, Agreements & Documents.

We may make available through our Site sample and actual forms, order confirmations, packing slips, invoices, checklists, business reports and legal reports (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular requirements, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

7. No Legal Advice or Attorney-Client Relationship.

Information contained on or made available through our Site is not intended to and does not constitute legal advice, recommendations or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to our Site. Your use of information on our Site or materials linked to our Site is entirely at your own risk. We are not a law firm and our site is not a lawyer referral service.

8. Linking to the Site.

You may provide links to the home page of our Site provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on our Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Site immediately upon request by us.

9. Advertisers.

Our Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

10. Trade License Verification and Transactions.

Our Site allows trade buyers to access and buy wines and place wholesale wine orders over the Internet on the winery’s website. Our system uses a patent-pending license verification system which electronically checks against state license databases to verify a trade buyer’s license status within their state before they are allowed to purchase wine using the Site. Our license verification system relies on license database content under the control of and made available by state alcoholic beverage authorities. We do not represent or warrant that this content will be correct, accurate, timely or otherwise reliable. All visits, contacts, information, offers, orders, or any other transactions (“Transactions”) occurring between or resulting from use of the Site is between the Producers and the licensed trade buyers (collectively, “Parties”) to the Transactions and in no manner expressed or implied does IBG act in any capacity other than as designated representative and agent for certain Producers. All Users of the Site accept and agree that all such Transactions are made in accordance with state and federal laws and regulations within the applicable jurisdictions. At no point in any Transaction does IBG, for itself or as designated representative or agent, take control, ownership, possession or title to any Product or any part of the Transaction between the Parties. Responsibility for return of product, damage thereto, refunds, exchanges or any disputes between the Parties remains with the Parties at all times in accordance with the policies of the Parties and state and federal laws and regulations.

11. Registration Information.

Certain sections of, or offerings from, our Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only. We do not permit (a) any other person to use aspects of our Site under your name; or (b) access to our Site through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

12. Errors, Corrections and Changes.

We do not represent or warrant that our Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through our Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Site at any time without specific notice to you. Further, we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Site without specific notice to you.

13. Third Party Content.

Third party content may appear on our Site or may be accessible via links from our Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations or any other form of content on our Site. You understand that information or opinions reflected by any third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs.

14. Certain Content.

Certain content on our Site is copyrighted by us or other data suppliers. THIS CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Neither we nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by you. Further, neither we nor any data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use. Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder except as specifically provided in Section 4 above.

15. User Submissions.

IBG does not claim ownership of any Content and Materials you submit or make available for inclusion on the Site. However, with respect to all such Content and Materials, including, without limitation, creative ideas, suggestions, content, postings, artwork, material or other submissions whether via email, feedback, a public forum or otherwise (collectively, “User Submissions”), you grant the Company and its affiliates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Site or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Site or otherwise transmit to IBG and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for User Submissions you may submit or post and you waive the benefits of any provisions of law known as “droit moral” (moral rights) or any similar laws. No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions. You and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, its Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively “Claims”) relating to providing, posting, transmitting or making available through the Site the User Submissions to IBG, or IBG receiving, evaluating, and utilizing the User Submissions. You further agree to indemnify, defend and hold harmless IBG, its Affiliates, and any of their respective officers, directors, agents and employees from and against any and all Claims, including, without limitation, Claims that any User Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys’ fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of User Submissions by IBG, its Affiliates or its third party licensees.

16. Use of Public Forums.

A “public forum” means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, or other interactive service or promotion on or accessible via the Site, and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Site in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content and Materials, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component. IBG is not responsible for any User Submissions or material appearing in any public forum on the Site, except for Content and Materials signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.

17. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

18. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Tool and Site.

19. Disclaimer.

THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE EXCEPT AS PROVIDED IN SECTION 20(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. OUR SITE AND THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

20. Limitation of Liability.

(a) Neither we nor any Affiliated Party shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from our Site or any services or products obtainable from it, (2) the unavailability or interruption of our Site or any features thereof, (3) your use of our Site, (4) the content contained on our Site, or (5) any delay or failure in performance beyond our control.

(b) THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS PROVIDED THEREIN OR THEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

21. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, content, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. We do not accept registrations from those under 21 years of age. By registering with our Site, you represent that you are at least 21 years old.

22. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

23. Policies.

(a) All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

(b) Our Privacy Policy, as may be modified from time to time, is a part of this Agreement.

24. Links to Third Party Web Sites.

The Site may contain links to third party web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access third party web sites, you do so at your own risk.

25. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

26. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Any cause of action by you with respect to our Site or any products, services, information, content or Documents related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 19 and 20. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with our Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

27. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in San Francisco, California. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

28. Contact Information.

For general inquiries about the Site, please contact us at:

IBG
1190 Airport Blvd., Ste. 200
Napa, CA 94558
info@winerevolution.com