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      Terms of Use

      CUE Website Terms and Conditions of Use

      PURPOSE OF POLICY

      The following terms and conditions govern your use of the websites owned by NVS CA LLC (“CUE”), operating under the brand name of CUE. This website, which includes www.enjoycue.com (hereinafter collectively referred to as the “CUE Websites”), are owned by NVS CA LLC. CUE reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the CUE Websites, and you are advised to review the CUE Websites regularly for any changes. These Terms and Conditions of Use were last updated on Oct 30, 2019. In any event, you agree that by accessing and using a CUE Website you are bound by these terms and conditions as may be changed from time to time. If you object to anything in this Agreement or the Geodesy Wines Privacy Policy, do not use the Service.

      PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

      ELECTRONIC AGREEMENT

      This agreement is an electronic contract that sets out the legally binding terms of your use of the CUE Websites. This Agreement may be modified by CUE from time to time, such modifications to be effective upon posting by CUE on the CUE Websites. By accessing and/or using the CUE Websites, you accept this agreement and agree to the terms, conditions, and notices contained or referenced herein.

      MODIFICATIONS TO SERVICE

      We reserve the right at any time to modify or discontinue, temporarily or permanently, the CUE Websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

      COMMERCIAL USE OF SERVICE

      If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

      1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
      2. You have read and understand this Terms of Service; and
      3. You agree to this Terms of Service on behalf of the Subscribing Entity.

      COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

      The materials (the "Materials") contained in the CUE Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favor of, CUE and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of CUE.

      TRADEMARKS

      Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on CUE Websites (including "CUE", and related words and logos) are official marks, trademarks or trade names, registered and unregistered, of CUE in California and Canada (the “Trademarks”). Nothing in this Agreement or on an CUE Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the Trademarks or names or any other intellectual property right of CUE. The names of other companies, products, and services referred to on a CUE Website may be trademarks or trade names of their respective owners. Any use of the Trademarks or intellectual property of third parties without the prior written consent of the applicable party is strictly prohibited.

      You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Materials or Trademarks (the “Intellectual Property”), in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

      COMPLIANCE WITH LAWS

      In addition to complying with these Terms and Conditions of Use, you agree to use the CUE Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents. Potential users of the CUE Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the CUE Website illegal, are not authorized to use the CUE Website. Illegal and/or unauthorized use of the CUE Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the CUE Websites is with CUE’s permission, which may be revoked at any time, for any reason, in CUE’s sole discretion.

      ACCOUNT SECURITY

      You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify CUE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your account with CUE.

      All login names and passwords remain the property of CUE, and may be cancelled or suspended at any time by the CUE without any notice or liability to you or any other person. CUE is not under any obligation to verify the actual identity or authority of the user of any login name or password.

      You must immediately notify CUE of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

      USE AND RESTRICTIONS

      You are only permitted to use an CUE Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an CUE Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not: take any action that imposes or may impose (to be determined in the CUE’s sole discretion) an unreasonable or disproportionately large load on the CUE’s infrastructure; interfere or attempt to interfere with the proper working of an CUE Website, or any activities conducted on or with an CUE Website; bypass any measures the CUE may use to prevent or restrict access to CUE Websites.

      You agree to comply with the above conditions, and acknowledge and agree that CUE has the right, in our sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms and Conditions of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

      REPRESENTATIONS AND WARRANTIES

      You hereby represent and warrant to CUE as follows:

      1. You have obtained all rights, licenses, consents, and permissions necessary in order to use, and (if and where relevant) to authorize CUE to use, your content pursuant to these Terms and Conditions of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available, and otherwise communicate to the public your content, and each and every part thereof, on, through or via the CUE Websites and any third party services.
      2. Your content and the availability thereof on the CUE Websites does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
      3. You have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in your content in order to include their name, voice, performance, or likeness in your content and to publish the same on the CUE Websites and via any third party services.
      4. Your content, including any comments that you may post on the CUE Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion, or sexual orientation.
      5. Your Content does not and will not create any liability on the part of CUE, our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

      We reserve the right to remove your content, suspend or terminate your access to the CUE Websites, and/or pursue all legal remedies if we believe that any of your content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule, or regulation.

      REGISTRATION

      If you choose to register with CUE for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.

      ACCURACY OF INFORMATION

      While every effort is made to ensure the accuracy of the information on CUE Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice. 

      OUTBOUND LINKING

      Any link (including hyperlinks, buttons or referral devices of any kind) used on the CUE Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the CUE Website does not constitute an endorsement, recommendation or certification by CUE, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with CUE.

      INBOUND LINKING

      CUE generally does not object to links to CUE Websites from third party sites. However, there are certain conditions that must be followed:

      • You are only permitted to establish links to the home page of an CUE Website.
      • Links may not be established to any pages on the CUE Website other than the home page without the CUE's prior written permission.
      • You must not create frames around the CUE Website or use other techniques that alter the visual presentation of the CUE Website.
      • Unless CUE enters into a specific written agreement with you, you may not use any of CUE’s names, logos, designs, slogans, or marks in or with your links, except that you may link to the CUE Website home page using the plain text names: CUE, ENJOYCUE.
      • Do not present the link to a CUE Website in any way that suggests, in CUE’s sole and absolute discretion, that CUE has any relationship or affiliation with your site or in any way that suggests CUE endorses, sponsors or recommends the information, products or services on your site.
      • Use of any of CUE’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without CUE's written permission for a particular use is strictly prohibited.
      • Use of any of CUE's names, logos, designs, slogans, or marks, or any other words or codes identifying the CUE Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without CUE's written permission for a particular use, is strictly prohibited.
      • CUE is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for the CUE Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
      • CUE reserves the right in its sole discretion to terminate your privilege to link to the CUE Website for any reason.
      • The link to the CUE Website may not be used or associated with any distasteful, offensive, unlawful, defamatory, or other materials that would, in CUE’s sole and absolute discretion, adversely affect CUE's name, reputation or goodwill or any materials that are directed at, or appeal to, persons under the age of 21.
      • The linking of your website to a CUE Website indicates your agreement to the foregoing terms and conditions.

      INDEMNITY

      You agree to indemnify, defend and hold CUE harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of, related to, or in connection with: your infringement of any CUE or third party Intellectual Property; any Claims which may arise, now or in the future, as a result of your use of the CUE Website; your use of the CUE Website; your breach of any of these Terms of Use, the CUE’s Privacy Policy, or any rule, regulation, guideline or policy of CUE as may be established and changed from time to time and posted on the CUE Website; and any act or omission by you, your employees, or agents which results in: (i) loss, damage, interference with or disruption to, a CUE Website; (ii) use of the CUE Website for any illegal purpose; or (iii) use of an CUE Website to achieve any unauthorized or prohibited access to computer systems and data.

      DISCLAIMERS

      You understand and agree that: use of the CUE Website is at your sole risk. CUE Websites are provided strictly on an "as is", "as available" basis. CUE does not warrant, represent, guarantee or covenant that the CUE websites will be uninterrupted or error free; nor does CUE make any guarantee, warranty, representation or covenant as to the results that may be obtained from the use of a CUE Website, or as to the accuracy, reliability, or content of any information or service on a CUE Website. CUE will not be responsible for your inability to execute a transaction or obtain goods related to any such transaction, for whatever reason.

      The downloading of materials from the CUE Website is done at your own risk. CUE does not at any time represent, covenant, guarantee, or warrant that such materials are free of viruses, worms, trojan horses, or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of a CUE Website.

      LIMITATIONS.

      In no event shall CUE be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the CUE Websites, or use thereof. Nothing contained in the CUE Websites or in any written or oral communications from CUE or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

      The content and functionality on the CUE Websites and the services provided by employees of the CUE Websites 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. CUE makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the CUE Websites’ content or that the functionality of the CUE Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the CUE Websites is at your sole risk. UNDER NO CIRCUMSTANCES SHALL WE, OUR 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 WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE CUE WEBSITES, EVEN IF WE HAVE 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 WE 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, CUE WEBSITES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE HAVE 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 CUE’s entire aggregate liability and sole remedy available in any case in any way arising out of or relating to the Agreement or the CUE Websites shall be limited to monetary damages that in the aggregate may not exceed $500.00. 

      PRIVACY POLICY CONSENT AND DISCLOSURE

      CUE is committed to protecting the privacy and confidentiality of its customers' personal information. The CUE Privacy Policy explains how the CUE will safeguard the confidentiality and privacy of the personal information you furnish to the CUE.

      The CUE Privacy Policy can be found here: www.enjoyecue/privacy-policy.com.

      GOVERNING LAW

      These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of California.

      ATTORNEY FEES

      In the event that CUE is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for all of CUE’s attorneys' fees and costs.

      PARENTAL OR GUARDIAN PERMISSION

      Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from children. Access to the CUE Websites is limited to persons age 21 or older.

      NO THIRD PARTY BENEFICIARIES

      You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

      AVAILABILITY OUTSIDE THE U.S

      If you access the CUE Websites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the CUE Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

      ENTIRE AGREEMENT

      This Agreement contains the entire agreement between you and CUE regarding the use of the CUE Websites.

      SEVERABILITY; WAIVER

      If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, CUE’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect CUE’s ability to enforce such term at any point in the future.

      HEADINGS

      The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

      Please contact us with any questions regarding this agreement.

      I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

       

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