This document constitutes an agreement between you and RK Tech Works, LLC. and its subsidiary and affiliated companies ("RK Tech Works", "we"
or "us"). It sets out your rights and obligations and those of RK Tech Works in relation
to your access to and use of the www.RK Tech Works.com site (the "Site") and all information,
products, software, services, features and materials contained on or offered
in conjunction with the Site.
By accessing the Site you accept without limitation or qualification all of the terms and conditions in this Agreement and any amendments thereto.
Users of the Site are:
A visitor is anyone who comes to the Site for the purpose of accessing information about wineries and wines. Visitors are free to access information about the site but are not be able to update any information.
YourWineFlavs password is confidential
and proprietary. You may not disclose or share your Password with any third
party. You agree to:
(1) notify RK Tech Works immediately of any unauthorized use of your user password or any other breach of security
RK Tech Works cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to suspend or terminate any WineFlavs User's account, which is in breach of any of the provisions of this Agreement, including the provision of false registration details or other misuse of the services offered through this Site. Any person who holds such a suspended or terminated account must not re-register for the Site without our prior consent. RK Tech Works may pursue any other remedy legally available to it if you fail to comply with any of your obligations contained in this Agreement.
Except in the case where the RK Tech Works is grossly negligent or engages in willful misconduct, you agree to pay, indemnify, and hold RK Tech Works (and its directors,
officers, employees and agents) harmless from any and all liabilities, obligations,
losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements
of any kind or nature whatsoever with respect to:
(1) Any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content or Postings submitted or approved by you;
(2) any breach of this Agreement by you;
(3) any third party, claim, action or allegation brought against RK Tech Works arising out of the users or partners gross negligence or willful misconduct in respect of the use of the site; and/or
(4) any action taken by RK Tech Works under your instructions in relation to the use of the Site.
Your use of the Site and any services offered on or in
connection with your use of the Site is at your sole risk. Services provided
with the Site are provided on and "as is" and "as available" basis. RK Tech Works
and its suppliers to the fullest extent permitted by law disclaim all warranties,
including but not limited to warranties of title, fitness for a particular purpose,
merchant ability and non-infringement of proprietary or third party rights.
RK Tech Works and its suppliers make no warranties about the accuracy reliability,
completeness or accuracy of the material, services, software, text, graphics,
RK Tech Works makes no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any product services information or other material purchased or obtained by you through your use of the Site will meet your expectations.
Furthermore, RK Tech Works acts as a source of information about winess, solely for the purpose of information. It disclaims all responsibility for determination whether the buyer is a qualified buyer under the laws of the buyer's place of residence, whether seller is allowed to sell products to buyer, whether the products advertised by the seller are as represented, whether the services to be performed by the seller will be as represented by the seller, or whether payment by the buyer will be satisfactory to the seller.
If your use of the Site will require replacing equipment, at your option, you will be
responsible for the costs of such replacement.
Your use of the Site and services offered in connection with the Site is at your own risk. If you are dissatisfied with any part of the Site offered through the Site or with this Agreement or any other rules or policies you may discontinue use of the Site and pursue any other legal remedy available
Except in the case where the RK Tech Works is grossly negligent or engages in willful misconduct, you expressly understand and agree that RK Tech Works shall
not be liable for any direct, indirect incidental, special, consequential or
exemplary damages including but not limited to, loss of profits, goodwill, use,
data or intangible losses (even if RK Tech Works has been advised of the possibility
of such damages) resulting from:
(1) the use or the inability to use the Site or any service provided in connection the Site.
(2) the cost of procurement of substitute goods and services resulting from any goods, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
(3) unauthorized access to or alteration of your transmissions or data;
(4) statements or conduct of any third party in relation to the Site or;
(5) any other matter relating to the Site or service provided in connection with the Site.
Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this section may not apply to you.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between RK Tech Works and you or any business partner is intended or created by this Agreement.
You may not assign your right or delegate your duties under this Agreement
RK Tech Works may suspend or discontinue the Site with or without cause and with or without notice.
RK Tech Works shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure).
This Agreement (as amended from time to time) comprises the
entire agreement between you and RK Tech Works and governs the use of the Site and
any services provided to you in connection with the Site. You may also be subject
to additional terms and conditions when you use affiliate or other RK Tech Works services,
third-party content or third-party software. Wineries and Merchants are also
subject to further agreements regarding those services.
RK Tech Works makes no claims that the Site is appropriate for any particular purpose or audience. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
RK Tech Works Enterprises, Inc. is headquartered in Santa Fe, NM, USA. All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of New Mexico and you submit to the exclusive jurisdiction of the New Mexico courts.