Effective as of November 30, 2008
Welcome to the www.finewinediscounters.comTM Web site provided by Fine Wine Discounters.
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE FINE WINE DISCOUNTERS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE FINE WINE DISCOUNTERS WEB SITE AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). FINE WINE DISCOUNTERS AND ITS PARENT IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
terms and conditions
1. LICENSE GRANT. This Site is provided by Fine Wine Discounters and its parent, and this TOS provides to you (identified herein as "you" or a "Customer") a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site or to any Fine Wine Discounters server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other Customer of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or Fine Wine Discounters systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Fine Wine Discounters on or through the Site, and (ix) use this Site in a manner that could damage, disparage, or otherwise negatively impact Fine Wine Discounters. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY FINE WINE DISCOUNTERS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. CUSTOMER OBLIGATIONS. By installing, accessing, or using this Site in order to view our information and materials or submit information of any kind, you represent that you are at least twenty-one (21) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Fine Wine Discounters reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site, including, without limitation, any related to purchase, receipt, or consumption of alcoholic beverages. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While Fine Wine Discounters has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Fine Wine Discounters is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to these issues.
4. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Fine Wine Discounters and its parent transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Fine Wine Discounters and its parent, successors, and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Fine Wine Discounters and its parent does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Fine Wine Discounters actively and aggressively enforces its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Fine Wine Discounters trademarks. This Site is Copyright © 2008 Fine Wine Discounters and/or its parent and licensors. All rights reserved. Fine Wine Discounters and/or its parent also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Fine Wine Discounters and/or its parent. Fine Wine Discounters, the Fine Wine Discounters logo, and all other names, logos, and icons identifying Fine Wine Discounters and its programs, products, and services are proprietary trademarks of Fine Wine Discounters, and any use of such marks, including, without limitation, as domain names, without the express written permission of Fine Wine Discounters is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, participation in a particular program, Customer registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to Fine Wine Discounters programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Fine Wine Discounters obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
6. USER NAME HANDLING POLICY. Registration as a Customer with this Site requires both a user name and a password (to be created by you). You should consider your Use name and password as confidential information. Only one Customer can use one password. Doing so insures that only you will be able to access your account on the Site. Anyone with knowledge of both your Customer name and password can gain access to the restricted portions of this Site and to your account. Accordingly, by using this Site, you agree to keep your Use name and password confidential. You also agree not to use another Customer's Use name and password. You will immediately notify Fine Wine Discounters if you become aware of any loss or theft of your password or any unauthorized use of your Use name and password. Fine Wine Discounters cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Fine Wine Discounters reserves the right to delete or change a password at any time and for any reason.
8. POSTINGS. This Site contains message boards, comment areas, questionnaires, e-mail, and other interactive features where Customers can share and post information. To the extent that this Site contains bulletin boards, questionnaires, message areas, or other communication forums (collectively, “Forums”), you agree that by using this Site you will not post or transmit any of the following materials on the Site’s Forums:
- anything that interferes with or disrupts this Site or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Fine Wine Discounters,
- statements or material that misrepresents your affiliation with any entity and/or Fine Wine Discounters,
- anything that violates the privacy or publicity rights of any other person,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated Forum, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Site.
As Forums are public, the Customer experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Fine Wine Discounters encourages open and sincere communication, but urges all Customers to remember that Forums are intended to be a resource for all.
9. PERMISSION TO USE POSTINGS. By submitting content or information of any type (a "Posting") to a Forum or other portion of this Site or by otherwise using this Site to transmit or display a Posting, you automatically grant Fine Wine Discounters and its parent a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Site Fine Wine Discounters and its parent has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Fine Wine Discounters and its parent assumes no responsibility for the deletion of or failure to store any Posting.
10. NO PRE-SCREENING OF POSTINGS. Fine Wine Discounters and its parent is not responsible for screening, policing, editing, or monitoring your or another Customer’s Postings and encourages all of its Customers to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Fine Wine Discounters right and ability to delete or remove a Posting (or any part thereof), Fine Wine Discounters and its parent does not endorse, oppose, or edit any opinion or information provided by you or another Customer and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Customer. Nevertheless, Fine Wine Discounters and its parent reserves the right to delete or take other action with respect to Postings (or parts thereof) that Fine Wine Discounters and/or its parent believes in good faith violate this TOS and/or are, or are potentially, unlawful. If you violate this TOS, Fine Wine Discounters may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site. Moreover, it is a policy of Fine Wine Discounters and its parent to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Fine Wine Discounters as provided below.
11. COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. Fine Wine Discounters respects the intellectual property of others, and it asks its Customers to do the same. Accordingly, it is Fine Wine Discounters policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site. But, you acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If we terminate or suspend your access to and use of the Site, Fine Wine Discounters will make a good-faith attempt to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Fine Wine Discounters policy to document all notices of alleged infringement upon which Fine Wine Discounters decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to Fine Wine Discounters designated agent as specified below along with the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description, in reasonable detail, of the copyrighted work that you claim has been infringed;
- A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Designated Agent: Andrew Cohen, (410) 526-0580, firstname.lastname@example.org.
12. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Fine Wine Discounters and/or its parent reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Fine Wine Discounters and its parent will also comply with all court orders involving requests for such information. In addition to the foregoing, Fine Wine Discounters reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, Fine Wine Discounters or its parent, or Fine Wine Discounters business.
13. FEEDBACK AND SUBMISSIONS. Fine Wine Discounters welcomes your feedback and suggestions about Fine Wine Discounters products or services or with respect to how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Fine Wine Discounters, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Fine Wine Discounters. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Fine Wine Discounters and its parent to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
14. THIRD-PARTY PRODUCTS/SERVICES. Fine Wine Discounters, in its sole discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. Fine Wine Discounters and its parent makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Fine Wine Discounters and its parent expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that Fine Wine Discounters and its parent shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.
15. LINKS TO OTHER SITES. Fine Wine Discounters may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Fine Wine Discounters and are maintained by third parties over which Fine Wine Discounters exercises no control. Accordingly, Fine Wine Discounters and its parent expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
16. LINKS TO THIS SITE. Fine Wine Discounters encourages and permits text links to this Site and, in particular, by way of the use of specific Fine Wine Discounters logo(s). However, any links to this Site should not suggest that Fine Wine Discounters promotes or otherwise endorses any third-party products, services, programs, causes, campaigns, Web sites, or information unless Fine Wine Discounters has provided prior written consent for such promotion or endorsement.
17. DISCLAIMER. WHILE FINE WINE DISCOUNTERS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, FINE WINE DISCOUNTERS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE. FINE WINE DISCOUNTERS AND ITS PARENT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. FINE WINE DISCOUNTERS AND ITS PARENT ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
18. LIMITATION OF LIABILITY. You expressly absolve and release Fine Wine Discounters and its parent from any claim of harm resulting from a cause beyond Fine Wine Discounters control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL FINE WINE DISCOUNTERS AND ITS PARENT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FINE WINE DISCOUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FINE WINE DISCOUNTERS AND ITS PARENT FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FINE WINE DISCOUNTERS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
19. INDEMNITY. You agree to defend, indemnify, and hold harmless Fine Wine Discounters and its parent and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
20. GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fine Wine Discounters makes no representation that this Site is appropriate or available for use in other locations, and access to this Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
21. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Fine Wine Discounters, such injury would not be quantifiable in monetary damages, and Fine Wine Discounters would not have an adequate remedy at law. You therefore agree that Fine Wine Discounters and/or it parent shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Fine Wine Discounters and/or its parent post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Fine Wine Discounters and/or its parent to enforce any provision of this TOS.
22. TERM AND TERMINATION. This TOS will take effect at the time you click “I ACCEPT”, register, respond to a request for information, and/or begin installing, accessing, or using this Site, whichever is earliest. Fine Wine Discounters reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Customers, and this TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Fine Wine Discounters proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOS, and governing law will survive the termination of this TOS for any reason.
23. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Fine Wine Discounters of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.