TERMS OF SERVICE

1. Introduction

Welcome to denverwineguy.com online. We have developed these Terms of Service to govern your use and enjoyment of this site. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit denverwineguy.com.

2. Intellectual Property

You agree not to use any part of denverwineguy.com for any unlawful purpose. We reserve the right to terminate or restrict your access to denverwineguy.com if, in our opinion, your use of denverwinguy.com may violate any laws, infringe upon another person's rights or violate these Terms of Service. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, law or is otherwise vulgar or offensive. All information, content, services and software displayed on, transmitted through, or used in connection with denverwineguy.com, including for example, articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is licensed by denverwineguy.com and is protected by US and international intellectual property laws. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use. If you operate a Web site and wish to link to denverwineguy.com, you may do so provided you agree to cease such link upon request from denverwineguy.com. All rights not expressly granted are expressly reserved. No other use is permitted without prior written permission of denverwineguy.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.

You may not republish any portion of the Content in print or electronic media including but not limited to, any Internet, Intranet or extranet site. You may not incorporate the Content in any database, compilation, archive or cache. You may not distribute or participate in the distribution of any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape, cut and paste or otherwise copy our Content without permission. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through denverwineguy.com, not to insert any code or product or manipulate the content of .com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

denverwineguy.com will enforce its intellectual property rights to the fullest extent of the law.

3. Intellectual Property Violations

As a condition of your ability to access and use denverwineguy.com, you agree that you will not violate any intellectual property rights of denverwineguy.com.

4. Membership and Registration

As a Member of denverwineguy.com, you accept responsibility for all activities that occur under your account or password. You also agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your Membership if individuals from more than one household access denverwineguy.com using any single user name or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access denverwineguy.com using your name in whole or in part without our permission. If you believe someone has accessed denverwineguy.com using your user name and password without your authorization, e-mail us immediately at keith@denverwineguy.com.

5. Transactions and E-commerce on Our Site

During your visit to our site you may elect to engage in a transaction involving the purchase of a subscription to denverwineguy.com. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, you can call us at 303-579-5226 and place your order by phone. denverwineguy.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

6. General Disclaimer and Limitation of Liability

While denverwineguy.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. denverwineguy.com does not represent or warrant that use of any Content will not infringe rights of third parties. denverwineguy.com has no responsibility for actions of third parties.

USE OF DENVERWINEGUY.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." DENVERWINEGUY.COM AND EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING DENVERWINEGUY.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH DENVERWINEGUY.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF DENVERWINEGUY.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES DENVERWINEGUY.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. DENVERWINEGUY.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

DENVERWINEGUY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DENVERWINEGUY.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE DENVERWINEGUY.COM ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION INCLUDING SPECIFICALLY FOR PURCHASING DECISIONS AND/OR CELLARING ANY PARTICULAR WINE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL DENVERWINEGUY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLE S ARE YOUR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DENVERWINEGUY.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

7. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DENVERWINEGUY.COM , EMPLOYEES, REPRESENTATIVES, CONTRACTORS FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF DENVERWINEGUY.COM (2) DENVERWINEGUY.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

8. International Users

denverwineguy.com is controlled, operated and administered by denverwineguy.com from its offices within the United States. Denverwineguy.com makes no representation that materials or Content available through denverwineguy.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use denverwineguy.com or export the Content in violation of U.S. export laws and regulations. If you access denverwineguy.com from a location outside the United States, you are responsible for compliance with all applicable laws.

9. Miscellaneous

Denverwineguy.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of denverwineguy.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. If any of these rules or future changes are unacceptable to you, you may cancel your subscription by sending an email to:keith@denverwineguy.com. (no refunds on subscriptions) Your continued use of the service now, or following any changes to these Terms of Service will indicate acceptance by you of such rules, changes or modifications. These Terms of Service and any other Terms and Conditions of Service on denverwineguy.com constitute the entire agreement between you and denverwineguy.com

Denverwineguy.com may modify, suspend, discontinue or restrict the use of any portion of denverwineguy.com, including the availability of any portion of the Content at any time, without notice or liability. Denverwineguy.com may deny access to any person or user at any time for any reason.

10. Applicable Law

These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to denverwineguy.com must be filed in a federal or state court located in Denver, Colorado within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of denverwienguy.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to denverwineguy.com, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

11. Waiver

The failure of denverwineguy.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

12. Recurring billing

denverwineguy.com uses a recurring billing system. You will be contacted a month prior to the end of your subscription and then once more two weeks prior to the end of your subscription. If you do not respond to these e-mails (info@denverwineguy.com) stating you would like to cancel your subscription your credit card will be charged at that time.

13. Refund Policy

There are no refunds offered at denverwineguy.com. If you are unhappy with the service or content at denverwineguy.com please contact Keith Miller at keith@denverwineguy.com.

Last modified: June 4, 2006