Terms of Service for CorkGuru®
By using CorkGuru’s wine cellar service (“Service”), and any related services provided by the corkguru.com, LLC you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The corkguru.com, llc reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and complete your subscription to the Service (“Subscription”).
- You are responsible for maintaining the security of your Account and password. The corkguru.com, llc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted (“Content”) and activity that occurs in or under your Subscription (even when Content is posted by others who have Accounts in or under your Subscription).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required to maintain an active Subscription beyond the initial 30-day trial.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Subscription. In order to treat everyone equally, no exceptions will be made.
- If you enter into a separate written contract with corkguru.com, llc containing different billing arrangements than described in paragraph 2 above, the terms of that contract will govern in place of paragraph 2. All other paragraphs here remain in effect for your Subscription.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
- You may cancel the Service at any time by sending written notice of your intent to cancel to firstname.lastname@example.org subject to the following conditions.
- An archived copy of all of your Content will be provided to you, and available for up to 180 days after cancellation.
- All of your Content will be deleted from the Service 180 days after cancellation. This information can not be recovered once your Subscription is deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- The corkguru.com, llc, in its sole discretion, has the right to suspend or terminate your Subscription and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Subscription or your access to your Subscription. corkguru.com, llc reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The corkguru.com, llc reserves the right at any time and from time to time to modify the Service (or any part thereof).
- The corkguru.com, llc reserves the right to discontinue the Service upon 30 days notice. Should this occur, an archived copy of all of your Content will be provided to you within 60 days of the Service being discontinued.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CorkGuru site (www.corkguru.com) or the Service itself.
- The corkguru.com, llc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material, or Content, you provide to the Service.
- The corkguru.com, llc does not pre-screen Content, but corkguru.com, llc and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright ©2012 corkguru.com, llc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from corkguru.com, llc.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying Subscription holders.
- You understand that corkguru.com, llc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or change the Service or modify another website so as to falsely imply that it is associated with the Service, corkguru.com, llc, or any other corkguru.com, llc service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of corkguru.com, llc.
- We may, but have no obligation to, remove Content and Subscriptions containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any corkguru.com, llc customer, employee, member, or officer will result in immediate Subscription termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by corkguru.com, llc) of other corkguru.com, llc customers, we reserve the right to immediately disable your Account or reduce your file hosting until you can reduce your bandwidth consumption.
- corkguru.com, llc does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that corkguru.com, llc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, goodwill, use, data or other intangible losses (even if corkguru.com, llc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of corkguru.com, llc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and corkguru.com, llc and govern your use of the Service, superseding any prior agreements between you and corkguru.com, llc (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content and quality of our Service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
Information Gathering and Usage
When you register for the CorkGuru Service we ask for information such as your name, organization name, and email address. The corkguru.com, llc uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
The corkguru.com, llc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run CorkGuru. Although corkguru.com, llc owns the code, databases, and all rights to the CorkGuru application, you retain all rights to your data.
The corkguru.com, llc may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.
The corkguru.com, llc may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your CorkGuru Account or by placing a prominent notice on our site.