ALLY WINES , LLC (“ALLY,” “we,” or “us”) provides its web site, located at www.wineassetmanagement.com (the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
2. CHANGES TO THE TOU
We reserve the right at any time to: a) change the terms and conditions of the TOU; b) change the Site, including eliminating or discontinuing any content or feature of the Site; and/or c) impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
ALLY WINES may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. IMPORTANT SECURITIES DISCLAIMER
You understand that no content published on the Site constitutes a recommendation that any particular asset, portfolio, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular asset, portfolio, transaction, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular asset, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any asset is subject to a number of risks and that discussions of any asset published on the Site will not contain a list or description of relevant risk factors.
You understand that the Site may contain opinions from time to time with regard to assets mentioned in other ALLY WINES blogs or products, and that opinions in one blog or product may be different from those in another blog or product. You understand and agree that at the time of any transaction that you make, one or more bloggers or content contributors or their affiliates may have a position in
the assets written about.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
4. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
All contents of the Site are provided for information and educational purposes only. The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any asset by ALLY WINES or any third party. You alone are solely responsible for determining whether any investment, asset or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
5. COPYRIGHT, LINKING POLICY AND TRADEMARKS
The Site and the content contained herein, as well as all copyrights, are the property of ALLY WINES and its licensors. You may access and use the content, and download and/or print out copies of any content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site.
The Site contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other web sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from AOC, please contact ALLY WINES to obtain written consent. ALLY WINES is a trademark and/or service mark of ALLY WINES or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
6. USER CONDUCT
You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can
subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
a. a. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
b. b. Use the Site for any unlawful purpose;
c. c. Express or imply that any statements you make are endorsed by us, without our prior written consent;
d. d. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
e. e. “Frame” or “mirror” any part of the Site without our prior written authorization;
f. f. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
g. g. Harvest or collect information about visitors to the Site without their express written consent. You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
7. OVERVIEW OF POSTING COMMENTS OR CONTENT
Our blogs and content are intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. They are not the place for touters, cheerleaders or hypesters. We strongly encourage all participants to disclose any positions they have in assets being discussed.
– We also respectfully ask that you not engage in any:
– Personal attacks.
– Profanity, vulgarity or offensive conduct of any kind.
– Business solicitations or advertising.
– Inappropriate, unethical or misleading behaviour.
These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information. In addition, please be advised that even if a user who posts a comment may, if the user so registers, be publicly identifiable only by the alias he or she chose during registration, AOC’s records will contain the actual identity of the author of any comment posted to the
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us at firstname.lastname@example.org. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each e-mail.
8. ONLINE RULES OF CONDUCT
When you post a comment on the Site, you agree to:
a. a. Post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
b. b. Automatically grant – yourself or because you have the unrestricted right from the actual owner – ALLY WINES a royalty-free, perpetual, non-exclusive and fully transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display comments you post (in whole or in part) worldwide and/or to incorporate any one of
those comments in other works now or in the future.
c. c. If you choose an alias, be responsible for all statements made and acts or omissions that occur by use of your alias.
d. d. Waive any and all rights against ALLY WINES and hold ALLY WINES harmless in connection with any claims relating to any action taken by ALLY WINES as part of its investigation of a suspected violation or result of its conclusion that a violation of this TOU has occurred, including but not limited to the removal of posts from the Site or a suspension or termination of your access to the Site.
e. e. Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree not to:
a. a. Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libellous, hatefully, racially, ethnically or otherwise or objectionable.
b. b. Post any comment that you either know or should know is false, deceptive or misleading, or will misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.c. c. Post any comment that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise
tortious or objectionable.
d. d. Post any comment that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
e. e. By use of your alias or in any comment, impersonate any person or entity, or falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
f. f. Post any comment which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
g. g. Post any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
h. h. Post any non-public or otherwise restricted, confidential or proprietary information without authorisation.
i. i. Violate any local, state, national or international law, regulation or order of any court.
9. DELETING CONTENT
ALLY WINES has the right in its sole discretion, to edit, move, delete, and/or remove any comment posted on its Site at any time. Without limiting the foregoing, ALLY WINES has the right to delete any comment that it believes, in its sole discretion, does or may violate the TOU.
While we believe that the Site can and should be a positive environment for the exchange of iinformation, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
11. RESPONSIBILITY FOR POSTS
Each individual who posts a comment is solely responsible for her or his own acts, including the content, context or information in the comment he or she posts. This means that each individual, and not AOC, is entirely responsible for anything and everything she or he posts. ALLY WINES does not and does not intend to pre-screen any comments posted on its Site and ALLY WINES cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.
12. DISCLAIMER OF WARRANTIES
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, AOC, ITS OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, CONSULTANTS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not
apply to you.
ALLY WINES AND ITS MANAGERS, AFFILIATES, SUPPLIERS, AGENTS, CONSULTANTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ALLY WINES OR ITS MANAGERS, AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, CONSULTANTS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
13. LIMITATION OF LIABILITY
NEITHER ALLY WINES NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, MANAGERS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, CONSULTANTS AND SPONSORS ARE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH AOC. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ALLY WINES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, managers, employees, agents, consultants and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c)
your violation of the rights of any third party.
You understand and agree that ALLY WINES may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to,
(i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all ALLY WINES policies and agreements referred to herein and on the Site, constitutes the entire agreement between you and ALLY WINES relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us.
The TOU and the relationship between you and ALLY WINES are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws. You and ALLY WINES agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Suffolk County, Massachusetts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.