1. This is an Agreement between you and Post Wines and Spirits
(Company). This Agreement governs your use of this Web site (the
Site). You represent that you are at least 21 years of age. THE
COMPANY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT
MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES
AND LIABILITY (SEE SECTIONS 5 AND 6) AND AN EXCLUSIVE REMEDY (SEE SECTION 7).
THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE. You
agree not to use the Site in any way that is unlawful.
2. The Company reserves the right to modify the terms, conditions and
notices under which it offers the Site without notice. Your continued use of
the Site after any such changes constitutes your agreement to such changes. The
Company further reserves the right to change prices and other information on
the Site at any time without notice. The posting of prices and other terms of
sale shall not constitute a binding order to sell product on such terms.
3. All content, including without limitation graphics, logos, text,
images and other features, appearing on the Site, are the copyrights,
trademarks and other intellectual property owned, controlled or licensed by the
Company or third parties. This content is protected by copyright separately and
as a collective work or compilation under U.S. and international copyright law
and is the property of the Company, its licensors, or the party credited as the
provider of the content or other third-party owners of the content, as the case
4. As the user of this Site you may not copy, distribute, transmit,
reproduce, publish, create derivative works or in any way use any of the
content on the this Site without the prior written permission of Beverage Media Group of New York (BMG), the Companys authorized representative. This
prohibition includes without limitation the publication of any part of this
content on any other Web site, selling or offering it for sale, or using it to
create any kind of database. Any requests for permission to use content on this
Site should be directed to .
5. THIS SITE IS PROVIDED BY THE COMPANY ON AN AS IS
BASIS. THE COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE
EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR
USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE.
6. THE COMPANY WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY
OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE
REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
7. IN NO EVENT SHALL THE COMPANYS TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE.
8. This Site contains links to additional resources. The Company does
not have any control over, and, therefore, is not responsible for, the content
or availability of these other resources.
9. Certain provisions of this Agreement, including without limitation
the provisions concerning protection of content, are also for the benefit of
BMG. BMG shall have the right to assert and enforce those provisions directly
and for the benefit of BMG.
10. This Agreement constitutes the entire agreement of
the parties with respect to its subject matter, and supersedes all previous
written or oral agreements of the parties with respect to such subject matter.
No waiver by either party of any breach or default by the other shall be deemed
to be a waiver of any preceding or subsequent breach or default. This Agreement
shall be governed by, and construed in accordance with, the laws of the State
of New York, without regard to its conflict of laws rules.