Welcome to the SMWE Tools Web Site. Please review the following terms (the "Terms") that govern your use of the Sales materials available from the SMWE Tools Web Site. Please note that your use of the materials available from the SMWE Tools Web Site constitutes your agreement to comply with and be bound by the Terms. Your first acceptance of the Terms applies to all future visits to the Web Site. These Terms may be updated and changed by us from time to time without notice to you.
Use of material
Ste. Michelle Wine Estates (STE. MICHELLE WINE ESTATES) authorizes you to view and download content from the SMWE Tools Web Site, such as images, graphics, and text material ("Material"), solely for the promotion of STE. MICHELLE WINE ESTATES and STE. MICHELLE WINE ESTATES products and hereby grants to you a nonexclusive, nontransferable, limited license to reproduce, digitize, edit (only for the purpose of facilitating presentation and use of the images) and distribute the Material without destroying the visual integrity or otherwise compromising the images which comprise the Material, and solely for such promotional purposes upon your acceptance of this agreement by clicking the acceptance button at the end of this statement of the terms of the agreement. The rights granted herein shall not confer on you any rights of ownership in or to the Material, including, without limitation, the copyright, trademark and other intellectual property rights thereto, which shall be and remain the exclusive property of STE. MICHELLE WINE ESTATES. STE. MICHELLE WINE ESTATES reserves the right to terminate all licensed rights granted herein at its exclusive discretion on written notice at any time and you agree to immediately cease use of any Material immediately upon receipt of such notice.
The Material is protected by copyright and/or trademark under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any commercial or personal purpose, other than the promotion of STE. MICHELLE WINE ESTATES and STE. MICHELLE WINE ESTATES products. By way of example only, you may not use images or other Material from the Web Site to promote other wineries, or in articles about the wine industry generally that do not reference STE. MICHELLE WINE ESTATES.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material, and STE. MICHELLE WINE ESTATES may pursue any remedy available at law or in equity against you.
In addition to these Terms of Use, you also agree to comply at all times with any and all guidelines, instructions or other conditions established by STE. MICHELLE WINE ESTATES with regard to use of the images and other Materials available from this Web Site. All such guidelines and instruction that are contained on web site pages on this Web Site regarding such matters shall be deemed to be incorporated into these Terms of Use and shall be binding on you. It is of critical importance that you follow all such guidelines and instructions carefully. Failure to do so may result in liability.
Ste. Michelle Wine Estates Liability
The Material may contain inaccuracies or typographical errors. STE. MICHELLE WINE ESTATES makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time without notice to you.
STE. MICHELLE WINE ESTATES DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MATTERS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, STE. MICHELLE WINE ESTATES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. STE. MICHELLE WINE ESTATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. STE. MICHELLE WINE ESTATES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE STE. MICHELLE WINE ESTATES SMWE TOOLS WEB SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE RESULTING FROM ANY TRANSACTION WHEREBY MATERIAL IS DOWNLOADED INTO YOUR COMPUTER OR SERVER THAT MAY ADVERSELY AFFECT ITS PERFORMANCE SUCH AS CRASHING YOUR COMPUTER OR NETWORK.
Disclaimer of consequential damages.
YOU AGREE THAT NEITHER STE. MICHELLE WINE ESTATES NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MATERIAL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE MATERIAL, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF STE. MICHELLE WINE ESTATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT STE. MICHELLE WINE ESTATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
Indemnity
You agree to defend, indemnify and hold harmless STE. MICHELLE WINE ESTATES, its officers, directors, employees and agents, from and against any losses, costs, damages and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by STE. MICHELLE WINE ESTATES and any of such persons arising out of or relating to any claims, actions or demands, or resulting from your unauthorized use of the Material (including Software) or from any breach by you of the terms of this Agreement. STE. MICHELLE WINE ESTATES shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
General
This Web Site is based in Washington in the United States. STE. MICHELLE WINE ESTATES makes no claim that the Material is appropriate or may be downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Washington without regards to its conflict of law principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided on particular Web pages with regard to use of the Material, this Agreement constitutes the entire Agreement between you and STE. MICHELLE WINE ESTATES with respect to the use of the Web Site.
