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ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you ("User") and Andreaimmer.com and its affiliated entities ("Andreaimmer.com"). By accessing, browsing and/or using this site ("Site"), you acknowledge that it is legal for you to do so and that you have read, understood, and agree to be bound by these terms, conditions and notices (the "Terms") and will comply with the Terms and all applicable laws and regulations. If you do not agree to these Terms, please do not use this Site. You acknowledge that the content and material contained on this Site, including, without limitation, the information, software, text, images, graphics, logos, design, audio, video and all other data provided or accessed on this Site is the property of Andreaimmer.com or the creator of the material and is protected by law, including, but not limited to, United States Copyright law and international treaties. Any use or exploitation of any Site content without Andreaimmer.com’s written consent may be a violation of law, including federal copyright laws._ This Site is controlled and operated by Andreaimmer.com from its offices within the United States. Andreaimmer.com makes no representation that materials in the Site are appropriate or available for use in all locations, and access to them from territories where their contents are illegal or restricted is prohibited. Some of the information or materials contained on this Site may not be appropriate for minors._ Those who choose to access this Site do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the information, data and materials contained on this Site is governed by the laws of the state of Connecticut without regard to its principles concerning conflicts of law._ By using this site the User consents to the exclusive jurisdiction of the state or federal courts of the State of Connecticut, United States of America for any claims arising out of the use of the Site or the Terms.
USE RESTRICTIONS
Except as stated herein, no information or material accessible on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Andreaimmer.com or the copyright owner. No information or material contained on this Site may be sold, licensed, rented, modified, distributed, copied, publicly displayed, published, adapted or included in any derivative work without the express written agreement of Andreaimmer.com._ This site may not be accessed, nor material contained on this site downloaded, by any automated means._ Permission is granted to the User to access, display, use and copy the materials on this Site provided that you do so for your personal, non-commercial use only, that you comply with all of the Terms, that you do not modify or make any compilation of the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
MEMBERSHIP
With the exception of trial memberships and special offers, your membership to the Site is a monthly, quarterly or annual recurring membership._ If you so specify at the time of joining, your membership will automatically renew at the end of each membership period provided your credit card information remains valid and your payment is timely received._ If you elect not to automatically renew, an email renewal notice will be sent to you._ Memberships may be cancelled at any time, effective upon the expiration of the current membership period._ Please see the Membership page for further membership information._ The terms and conditions of membership set forth on the membership page are incorporated into these Terms of Use by reference and are made a part hereof.
You are responsible for maintaining the confidentiality of your user account information and password for the Site._ Please notify us immediately if you believe the security of your password has been compromised or you suspect your account has been subject to unauthorized access._ You are responsible for all use of the Site under your user account until we have been notified by email of your security concern.
Andreaimmer.com reserves the right, in its sole discretion, to terminate your membership without refund in the event or access to any or all of the Site without notice in the event of violation of these Terms.
TRADEMARKS, SERVICE MARK AND LOGOS
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Andreaimmer.com and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Andreaimmer.com aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Andreaimmer.com or the Andreaimmer.com logo may not be used in any way without prior, written permission. Andreaimmer.com prohibits use of the Andreaimmer.com logo as a "hot" link to any Andreaimmer.com site unless establishment of such a link is approved in advance in writing by Andreaimmer.com.
LINKS
Andreaimmer.com may provide hyperlinks to other Internet web sites maintained by third parties or may provide third party content on Andreaimmer.com’s Site. The content in any such linked sites is not under Andreaimmer.com’s control and Andreaimmer.com is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to the Andreaimmer.com Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, Andreaimmer.com does not necessarily endorse a third party or its web site. Any concerns with respect to any other website should be directed to that website’s administrator or webmaster._ Andreaimmer.com reserves the right to terminate a link to a third party web site at any time in its sole discretion.
From time to time you may order services, merchandise or other products through this Site._ All shopping on the Andreaimmer.com site is by linkage to websites operated by third parties, and all orders are taken and filled by such third parties._ Shopping links are established for the convenience of our members and visitors._ By using the shopping features of this site, you acknowledge that you will be leaving our Site and that Andreaimmer.com is not responsible for the content of such sites, or for the order taking and fulfillment of such sites._ All matters concerning the products and services from third parties, including without limitation purchase terms, payment terms, warranties, maintenance and delivery, are solely between you and the third party._ Andreaimmer.com makes no representations or warranties regarding products or services provided by third parties.
If you wish to provide a link to the Andreaimmer.com Site, you may do so only under either an express written agreement of Andreaimmer.com, or under the terms and conditions of this or any future web access and use agreement. You may not use or replicate Andreaimmer.com content or "mirror" it to another server; you agree not to create a browser, border environment or frame for Andreaimmer.com content; you may not imply that Andreaimmer.com is endorsing you or your products or services; you may not misrepresent your relationship with Andreaimmer.com; you may not present false information about Andreaimmer.com products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. Deep linking to this site is prohibited._ No link may be made to this Site other than to its home page unless the prior written consent of Andreaimmer.com is obtained._ If you violate these linking requirements, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold Andreaimmer.com harmless and you agree to remove any link to Andreaimmer.com immediately upon the request of Andreaimmer.com.
DISCLAIMER OF WARRANTIES
THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ANDREAIMMER.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. ANDREAIMMER.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION AND MATERIALS ON THIS SITE OR ANY SITES LINKED BY OR TO THIS SITE, NOR DOES IT WARRANT OR AGREE TO CORRECT ANY DEFECTS OR ERRORS. YOUR USE OF THIS SITE IS YOUR RISK._ SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANDREAIMMER.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON THIS SITE, EVEN IF ANDREAIMMER.COM OR A ANDREAIMMER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY OR NATURE OF THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL BASIS. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU._ IF YOU ARE A MEMBER OF THE ANDREAIMMER.COM SITE, YOU AGREE THAT ANDREAIMMER.COM’S LIABILITY TO YOU FOR ANY DAMEAGES, OF ANY NATURE WHATSOEVER, IS LIMITED TO THE AMOUNT PAID BY YOU FOR YOUR MEMBERSHIP DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM OF LOSS.
INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Andreaimmer.com, its officers, directors, employees and contractors, from and against any and all liabilities, claims and expenses, including the costs of attorney’s fees, arising out of your use or misuse of this Site._ Andreaimmer.com reserves the right to assume control of the defense of any claim or matter which may be the subject of this indemnification, in which event you agree to cooperate with such defense.
USE OF INFORMATION
All submissions made on this Site, whether at our request or your own, including without limitation submissions of creative suggestions, recipes, articles, wine reviews or pairing suggestions, opinions, questions, ideas, photographs, anecdotes and other information or materials, must be non-proprietary information and Andreaimmer.com shall have the irrevocable, perpetual, fully paid right to use, publish and re-publish (in any media now or hereafter created), reproduce, display, perform, modify, transmit, distribute and make compilations of those materials and information for any purpose whatsoever, including, but not limited to, use in future publications, development of additional functionality on this or another website and marketing of products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold Andreaimmer.com harmless from any liability or loss.
REVISIONS OF TERMS OF USE
Andreaimmer.com may revise these Terms of Use at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and therefore should periodically check this page to determine the then current Terms of Use to which you are bound._ Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of the changes.
PRIVACY
Andreaimmer.com is committed to respecting and protecting your privacy._ No identifiable information obtained from the operation of this Site will be sold, shared or otherwise made available to any third party._ Please review our privacy policy, which is incorporated by reference into these Terms, for complete details.
© 2008 AndreaImmer.com, LLC. All rights reserved.
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