Welcome to VaWines360.com (the “Website”), operated by Encinal Associates LLC (“VaWines360”).
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No recipients of content from the Website should act or refrain from acting on the basis of any content included in the Website without seeking the appropriate professional advice on the particular facts and circumstances at issue from an attorney, physician or certified financial advisor licensed in the recipient’s state.
The content of the Website contains general information and may not reflect current developments. VaWines360 expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.
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The content and functionality on the Website, along with the services provided by employees of the Website, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. VaWines360 makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Website is at your sole risk. UNDER NO CIRCUMSTANCES SHALL VaWines360, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, EVEN IF VaWines360 HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL VaWines360 HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF VaWines360 HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of VaWines360 and sole remedy available to any user in any case in any way arising out of or relating to the Website shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by such user during the six months prior to notice to VaWines360 of the dispute for which the remedy is sought.
You agree to indemnify and hold VaWines360, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
b. any third party claim arising from your use of the Website, including without limitation claims for physical injury; death; food poisoning; disease; lost profits; lost data; loss of goodwill; infringement of copyright, trademark, or other intellectual property right; work stoppage; equipment failure or malfunction; or property damage.
d. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of VaWines360.
Ddispute Resolution; Jurisdiction and Choice of Law
If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration; No Class Action
Except where prohibited by law, as a condition of using the Website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of [∙] , or the United States District Court for the District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of [∙], or the United States District Court for the District of Delaware.