Privacy Policy
Terms of Service
Thanks for using our products and services (“Services”). The
Services are provided by On-The-Go-Wines (“OTGW”).
By using our Services, you are agreeing to these terms. Please
read them carefully.
Our Services are very diverse, so sometimes additional terms or
product requirements (including age requirements) may apply.
Additional terms will be available with the relevant Services, and
those additional terms become part of your agreement with us if you
use those Services.
Using our Services
You must follow any policies made available to you within the
Services.
Don’t misuse our Services. For example, don’t interfere with our
Services or try to access them using a method other than the
interface and the instructions that we provide. You may use our
Services only as permitted by law, including applicable export and
re-export control laws and regulations. We may suspend or stop
providing our Services to you if you do not comply with our terms or
policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any
intellectual property rights in our Services or the content you
access. You may not use content from our Services unless you obtain
permission from its owner or are otherwise permitted by law. These
terms do not grant you the right to use any branding or logos used
in our Services. Don’t remove, obscure, or alter any legal notices
displayed in or along with our Services.
Our Services display some content that is not OTGW’s. This
content is the sole responsibility of the entity that makes it
available. We may review content to determine whether it is illegal
or violates our policies, and we may remove or refuse to display
content that we reasonably believe violates our policies or the law.
But that does not necessarily mean that we review content, so please
don’t assume that we do.
In connection with your use of the Services, we may send you
service announcements, administrative messages, and other
information. You may opt out of some of those communications.
Your OTGW Account
You may need a OTGW Account in order to use some of our Services.
You may create your own OTGW Account, or your OTGW Account may be
assigned to you by an administrator, such as your employer or
educational institution. If you are using a OTGW Account assigned to
you by an administrator, different or additional terms may apply and
your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or account,
please notify us.
Privacy and Copyright Protection
OTGW’s
privacy policies explain how we treat your personal data and
protect your privacy when you use our Services. By using our
Services, you agree that OTGW can use such data in accordance with
our privacy policies.
We respond to notices of alleged copyright infringement and
terminate accounts of repeat infringers according to the process set
out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their
intellectual property online. If you think somebody is violating
your copyrights and want to notify us, you can find information
about submitting notices and OTGW’s policy about responding to
notices by contacting us.
Your Content in our Services
Some of our Services allow you to submit content. You retain
ownership of any intellectual property rights that you hold in that
content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you
give OTGW (and those we work with) a worldwide license to use, host,
store, reproduce, modify, create derivative works (such as those
resulting from translations, adaptations or other changes we make so
that your content works better with our Services), communicate,
publish, publicly perform, publicly display and distribute such
content. The rights you grant in this license are for the limited
purpose of operating, promoting, and improving our Services, and to
develop new ones. This license continues even if you stop using our
Services (for example, for a business listing you have added to OTGW
Maps). Some Services may offer you ways to access and remove content
that has been provided to that Service. Also, in some of our
Services, there are terms or settings that narrow the scope of our
use of the content submitted in those Services. Make sure you have
the necessary rights to grant us this license for any content that
you submit to our Services.
You can find more information about how OTGW uses and stores
content in the privacy policy or additional terms for particular
Services. If you submit feedback or suggestions about our Services,
we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this
software may update automatically on your device once a new version
or feature is available. Some Services may let you adjust your
automatic update settings.
OTGW gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software
provided to you by OTGW as part of the Services. This license is for
the sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by OTGW, in the manner permitted by these
terms. You may not copy, modify, distribute, sell, or lease any part
of our Services or included software, nor may you reverse engineer
or attempt to extract the source code of that software, unless laws
prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in
our Services may be offered under an open source license that we
will make available to you. There may be provisions in the open
source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add
or remove functionalities or features, and we may suspend or stop a
Service altogether.
You can stop using our Services at any time, although we’ll be
sorry to see you go. OTGW may also stop providing Services to you,
or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to
such data is important. If we discontinue a Service, where
reasonably possible, we will give you reasonable advance notice and
a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of
skill and care and we hope that you will enjoy using them. But there
are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL
TERMS, NEITHER OTGW NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY
SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY
COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC
FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR
ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE
EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, OTGW, AND OTGW’S SUPPLIERS AND
DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR
DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OTGW, AND
ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS,
INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU
PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE
SERVICES AGAIN).
IN ALL CASES, OTGW, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that
business accepts these terms. It will hold harmless and indemnify
OTGW and its affiliates, officers, agents, and employees from any
claim, suit or action arising from or related to the use of the
Services or violation of these terms, including any liability or
expense arising from claims, losses, damages, suits, judgments,
litigation costs and attorneys’ fees.
The Sale of Alcoholic Beverages
OTGW does not sell alcohol to persons
under the age of 21. By using this site you swear and affirm that
you are over the age of 21. OTGW makes every effort to ensure that
alcoholic beverages are not delivered to anyone who is under the age
of 21. By using this site you are acknowledging that the person
receiving a shipment of alcoholic beverages from OTGW is over the
age of 21. You also agree that any alcohol purchased from/through
OTGW is intended for personal consumption and not for resale. If you
do not agree with these conditions of use please do not use this
site. If you intentionally or unintentionally misrepresent your age
in order to provide alcohol to a person under the age of twenty-one
(21), or the minimum legal age for purchasing alcohol in your
jurisdiction, OTGW reserves the right will prosecute you fully and
assist law enforcement agencies to the extent allowable by law.
Parental Control Protections
As required by the United States
Communications Decency Act of 1996, OTGW hereby notifies you that
parental control protections (such as computer hardware, software,
or filtering services) are commercially available that may assist
you in limiting access to Content that may be harmful to minors.
Among the many companies that provide Internet blocking and
screening software are CyberPatrol, NetNanny, SurfWatch, and
GuardOne. OTGW does not sponsor or endorse any of these companies or
their services.
Links
The OTGW Site may contain links to other
web sites or resources. You acknowledge and agree that OTGW is not
responsible or liable for (1) the availability or accuracy of such
web sites or resources; or (2) the content, advertising, or products
on or available from such web sites or resources. The inclusion of
any link on the OTGW Site does not imply that OTGW endorses the
linked site.
Protection of Content Provided by OTGW
and Its Licensors
All text, graphics, logos, icons, images,
audio clips and software on the OTGW Site ("Site Content") are
copyrighted materials owned by or licensed to OTGW. The Site Content
may contain trademarks, service marks and trade names which are
owned by OTGW and its affiliates, and may also contain brand and
product names which are trademarks, service marks or trade names
which are owned by certain third parties. Any Events described in
the Site Content may be subject to other intellectual property
rights, the exercise of which rights are expressly reserved by OTGW,
its affiliates, or third parties. "OTGW" is a trademark of OTGW.
Unless authorized in writing by an officer of OTGW, OTGW's
trademarks may not be used in connection with any product or service
that is not OTGW's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
OTGW. You may not sell, reproduce, distribute, copy, duplicate,
resell, modify, display, publicly perform, prepare derivative works
based on, frame, mirror, repost, exploit for any commercial purpose,
or otherwise use any of the Site Content in any way for any public
or commercial purpose without prior written consent of OTGW or the
rights holder. You may not use the Site Content on any other web
site or in a networked computer environment for any purpose. If you
violate any of these terms, your permission to use the Site Content
will automatically terminate, you must immediately destroy any
copies you have made of the Site Content, and we may end your
authorization to use the OTGW Site. Nothing contained in the OTGW
Site shall be construed as conferring any license or right under any
copyright, trade secret, patent, trademark or other intellectual
property rights ("IP Rights") of OTGW, its affiliates, or any third
party, and, except as provided in these Terms of Service, the
exercise of all such IP Rights in the services, products, processes
or technologies described in the Site Content are expressly reserved
to OTGW, its affiliates, and/or any third party, as applicable.
Termination of your OTGW Account
OTGW may terminate your OTGW Account with
or without cause at any time effective immediately.
Force Majeure
OTGW shall be excused from performance
under this Terms of Service if OTGW is prevented, forbidden or
delayed from performing, or omits to perform, any act or requirement
under this Terms of Service by reason of: (a) any provision of any
present or future law or regulation or order of the United States of
America, or any state thereof, (b) any act or omission of a third
party, or (c) any act of God, emergency condition, war, computer or
telecommunications failure or other circumstance beyond the control
of OTGW.
About these Terms
We may modify these terms or any additional terms that apply to a
Service to, for example, reflect changes to the law or changes to
our Services. You should look at the terms regularly. We’ll post
notice of modifications to these terms on this page. We’ll post
notice of modified additional terms in the applicable Service.
Changes will not apply retroactively and will become effective no
sooner than five days after they are posted. However, changes
addressing new functions for a Service or changes made for legal
reasons will be effective immediately. If you do not agree to the
modified terms for a Service, you should discontinue your use of
that Service.
If there is a conflict between these terms and the additional
terms, the additional terms will control for that conflict.
These terms control the relationship between OTGW and you. They
do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action
right away, this doesn’t mean that we are giving up any rights that
we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this
will not affect any other terms.
The laws of Delaware, U.S.A., will apply to any disputes arising
out of or relating to these terms or the Services. All claims
arising out of or relating to these terms or the Services will be
litigated exclusively in the federal or state courts of Delaware,
USA, (or at any other jurisdiction at the sole discretion of OTGW)
and you and OTGW consent to personal jurisdiction in those courts.
