Massanois LLC (“Massanois” or “we” or “us” or “our”) welcomes you to www.massanois.com (the “Site”).
- Privacy Notice
- Producer Portal
If you are a producer accessing our Producer Portal, you will be prompted to provide a password. You are responsible for maintaining the strict confidentiality of your password, and for restricting access to such information. You accept all responsibility for all activities that occur under your password, whether you authorized such activity or not. Be sure to sign off when finished using a shared computer. Massanois reserves the right, in its sole discretion and without notice to you, to restrict your access to all or part of the Site for any reason.
- Ownership of Intellectual Property
The Massanois name and logo, and other marks displayed on or through the Site, are the proprietary service marks or trademarks of Massanois or third parties. None of the marks displayed on the Site may be used in any way without the express prior written consent of their respective owner.
All content on the Site, including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, button icons, images, software, programs, code, digital downloads, and data compilations; any improvements or modifications to such content; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of all data and content on or accessed through the Site are the property of Massanois or its respective licensors, and are protected by all applicable intellectual property laws.
- License to the Site and Site Content
The Site may include information regarding Massanois and the wines it distributes, as well as content and materials proprietary to Massanois. Subject to the terms and conditions hereof, Massanois hereby grants you a non-exclusive, revocable, limited, non-transferable license to access the Site and view the Site Content solely for your own personal or professional use; provided, that (x) neither the Site Content nor any indicia, notices, content, disclaimers or other terms therein are altered or removed; and (y) any information provided through the Site by third parties is used solely for the purpose permitted in this paragraph. Under no circumstance shall title to any Site Content, or other information found on the Site be transferred to you by the function of this license. Any unauthorized use of any Site Content or any intellectual property or information accessed or available through the Site or Site Content may violate intellectual property and other laws.
You agree not to upload or transmit to or via the Site any information that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse, or any other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, or regulation. Massanois reserves the right to remove any material alleged to be violating any of the above pending further investigation.
You agree that you will not interfere, in any way, with others’ use of or access to the Site, will not develop, invoke or utilize any code or other method to disrupt, diminish the quality of, interfere with the performance of, impair the functionality of, or attempt to reverse engineer the Site (or any part thereof) or circumvent any security features thereof, and will not attempt to gain unauthorized access to the content or computer system of any other site or of any Site user. You further agree (i) not to use any software, program, code, algorithm, method, data or data compilation owned by Massanois except as may be implemented in the Site, as applicable; (ii) not to take any other action in connection with your use of the Site that violates any treaty, law, or regulation; and (iii) to fully comply with all applicable treaties, laws, and regulations in your use of the Site.
You agree to access the Site through a standard Web browser, and that you will not use any robot, spider, or other automatic device, manual process, or application or data mining or extraction tool to access, monitor, copy, or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site without the prior written consent of Massanois.
- Term; Termination; Modification or Discontinuance of the Site
Massanois reserves the right, in its sole discretion, to discontinue or modify the Site or your right to use the Site at any time, without cause. In the event of any material modifications to the Site, your access to the Site and the information, content, services and materials on the Site may be limited or unavailable during the modification period.
- Unauthorized Use of the Site
- Third Party Sites
IN NO EVENT WILL MASSANOIS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD PARTY SITE, OR ANY LINK CONTAINED IN A THIRD PARTY SITE.
- Qualification for Use and Access to the Site
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR ANY SITE CONTENT IS AT YOUR OWN RISK AND THAT THE SITE AND ALL SUCH INFORMATION IS PROVIDED BY MASSANOIS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASSANOIS MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE AVAILABILITY, OPERATION, AND USE OF THE SITE AND THE SITE CONTENT, AS APPLICABLE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASSANOIS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY SITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT, AND MASSANOIS IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURARIES, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE OR SITE CONTENT. MASSANOIS UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION OR SITE CONTENT CONTAINED ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASSANOIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SITE CONTENT WILL BE AVAILABLE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MASSANOIS OR ITS CURRENT AND FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “MASSANOIS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY SITE CONTENT AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY SITE CONENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR THE SITE CONTENT.
- Denial of Access
- Force Majeure
- Governing Law; Dispute Resolution
The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Massanois may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, necessary to protect its rights or property pending the completion of arbitration.
The Site is intended for users who are located in the United States and Massanois only distributes wine to accounts located in the United States. To the fullest extent permitted by applicable law, Massanois does not represent that materials or information on the Site are appropriate or available for use in other locations, and access to the Site and/or the Site Content from territories where their content is illegal is prohibited. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
443 Park Avenue South, Suite 700
New York, New York 10016
- Assignability; Waiver; Invalidity
- Entire Agreement
Effective as of: December 1, 2017