My Perfect Bottle Terms and Conditions of Use
Date of this Version: January 1, 2020

1. Purpose

1.1  Purpose

This document constitutes an agreement between you and MyPerfectBottle, LLC, Inc. and its subsidiaries and affiliated companies (“MyPerfectBottle”, “we” or “us”). It sets out your rights and obligations and those of MyPerfectBottle in relation to your access to and use of the www.MyPerfectBottle.com (the “Site”) and all information, products, software, services, features and materials contained on or offered in conjunction with the Site.

2. Terms and Conditions of Use

2.1  Terms

We may at our discretion amend this Agreement from time to time and any schedule, appendix or policy (including but not limited to the Privacy Policy) that forms part of this Agreement. Any such amendment will be effective immediately upon posting on the Site and shall be effective for all use of the Site after that date.

2.2  Acceptance of Terms

You can accept the terms of this Agreement by:
(A) clicking to accept or agree where that option is made available to you by MyPerfectBottle in the user interface for the Site; or
(B) by actually using the Site. In this case, you understand and agree that MyPerfectBottle will treat your use of the Site as acceptance of this Agreement from that point onwards.

2.3  Ineligibility for Acceptance

You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract with MyPerfectBottle, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.

3. The Site

MyPerfectBottle does not sell any alcoholic beverages. The Site is designed to be a forum to connect various users through their common passion for wine. As part of our service to our Users the Site does contain pricing information on various wine so that consumers are aware of the various wines available at participating local wine retailers. However, any wine purchases are solely between the consumer and the retailer.

3.1  Users

The MyPerfectBottle site acts as a forum consisting of several categories of Users. You may fall into one or several of the categories listed below depending on your unique circumstances.

(1) Visitors

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 participate in most of the Sites features such as rating wines and joining taste circles because they have not yet registered with MyPerfectBottle. We encourage all visitors of the Site to take a look around. We know that once you see what MyPerfectBottle has to offer you will want to become a member.

(2) Members

A MyPerfectBottle Member is anyone who registers for the MyPerfectBottle personalization service by filling out the Registration Form. The process is simple and immediate. MyPerfectBottle Members should also read and understand our Privacy Policy that forms part of this Agreement and governs the way we will use any information that is submitted as part of the registration process. MyPerfectBottle Users may update their registration information at any time.

(3) Wineries

A Winery is anyone who registers their winery online by filling out the Winery Registration Form. Online Submission of the Winery Registration Form is necessary to verify that the applicant meeting MyPerfectBottle’s Winery Standards which are available during the application process. By submitting a Winery Registration Form applicants agree to the supplemental Winery Terms and Conditions and warrant that they meet MyPerfectBottle’s Winery Standards. Wineries should also read and understand our Privacy Policy that forms part of this Agreement and governs the way we will use any information that is submitted as part of the registration process. Wineries may update their winery-related information as needed.

(4) Retailers

A Retailer is anyone alcohol vendor that does not qualify as a winery as set forth above. Retailers must register online by filling out the Retailer Registration Form. Online Submission of the Retailer Registration Form is necessary to verify that the applicant meeting MyPerfectBottle’s Retailer Standards which are available during the application process. By submitting a Retailer Registration Form applicants agree to the supplemental Retailer Terms and Conditions and warrant that they meet MyPerfectBottle’s Retailer Standards. Retailers should also read and understand our Privacy Policy that forms part of this Agreement and governs the way we will use any information that is submitted as part of the registration process. Wineries may update their winery-related information as needed.

3.2  The Sale of Alcoholic Beverages

By using this site you swear and affirm that you are over the legal drinking age. MyPerfectBottle does ask Users to identify their ages during the sign up process. MyPerfectBottle does this to aid in Wineries and Retailer’s efforts to ensure that alcoholic beverages are not delivered to anyone who is under the legal drinking age. However, age information gathered by MyPerfectBottle is not intended to comply with any liquor laws of any governmental entity. Retailers and Wineries can not and should not rely on MyPerfectBottle for age verification. Each Retailer and Winery will need to conduct its own age verification before making sales to customers that complies with applicable law.

By using this site Users represent that they are authorized to receive shipment of alcoholic beverages through Retailer that participate on MyPerfectBottle. Users also represent that any alcohol purchased through retailer a on MyPerfectBottle is intended for personal consumption and not for resale.

3.3  Title and Ownership of Wine

Title to, and ownership of, all wine passes directly from retailer/winery on MyPerfectBottle to the purchaser. If shipping is required, the parties to the transaction take all responsibility to insure that the shipping conforms to local law. At times MyPerfectBottle may suggest shipping arrangements for transportation of the wine. By utilizing this service from MyPerfectBottle, the purchaser is representing that he/she the suggested shipping arrangement is fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser also represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered.

3.4  Passwords

Your MyPerfectBottle Winery, Merchant, or Member password is confidential and proprietary. You may not disclose or share your Password with any third party. You agree to:

(1) notify MyPerfectBottle immediately of any unauthorized use of your Winery/Merchant Password or any other breach of security; and

(2) exit your account (logout) at the end of each session. (Winery and Merchant sessions only)

3.5  Winery Terms and Conditions

By submitting the on-line Winery Registration Form you are representing that to the best of your knowledge the information contained on the form is true and you have the authority to complete the form. However, MyPerfectBottle may at its discretion refuse to register you for any reason.

MyPerfectBottle cannot and does not confirm that each Winery is who they claim to be or that the Winery has the ability to update the winery information. You must accurately describe the products and/or services specified in your posting and you are liable for any errors or omissions contained in that posting. Any brand name or other indication of origin or manufacturer that you include in the posting must be completely accurate. You are solely responsible for information contained in the postings and you represent that to the best of your knowledge that the postings (and the Winery Information) shall not:

(1) infringe any rights of third parties including but not limited to intellectual property publicity or privacy;

(2) violate any law statute or regulation (including without limitation those relating to export control, consumer protection, unfair competition, misleading advertisements, and to discrimination);

(3) be defamatory trade libelous threatening or harassing;

(4) be obscene indecent or contain pornography;

(5) contain any virus or other computer programming routines, which are intended to damage, interfere with insert or extract data or personal information.

3.6  Retailer Terms and Conditions

By submitting the on-line Merchant Registration Form you are representing that to the best of your knowledge the information contained on the form is true and you have the authority to complete the form. However, MyPerfectBottle may at its discretion refuse to register you for any reason.

MyPerfectBottle cannot and does not confirm that each Merchant is who they claim to be or that the Merchant has the ability to update the merchant information. You must accurately describe the products specified in your posting and you are liable for any errors or omissions contained in that posting. Any brand name or other indication of origin or manufacturer that you include in the posting must be completely accurate.

You are solely responsible for information contained in the postings and you warrant that the postings (and the Retailer Information) shall not:

(1) infringe any rights of third parties including but not limited to intellectual property publicity or privacy;

(2) violate any law statute or regulation (including without limitation those relating to export control, consumer protection, unfair competition, misleading advertisements, and to discrimination);

(3) be defamatory trade libelous threatening or harassing;

(4) be obscene indecent or contain pornography;

(5) contain any virus or other computer programming routines, which are intended to damage, interfere with insert or extract data or personal information.

4. Provision of the Site by MyPerfectBottle

4.1  Changes to the Site

MyPerfectBottle is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site which MyPerfectBottle provides may change from time to time without prior notice to you.

4.2  Non-provision of the Site

As part of this continuing innovation, you acknowledge and agree that MyPerfectBottle may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at MyPerfectBottle’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform MyPerfectBottle when you stop using the Site.

4.3 Disablement of the Site

You acknowledge and agree that if MyPerfectBottle disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

5. Use of the Site by you

5.1  Collection of Information

In order to access certain portions of the Site, you may be required to provide information about yourself as part of the registration process for the Site, or as part of your continued use of the Site. You agree that any information you give to MyPerfectBottle in this context will always be accurate, correct and up to date.

5.2  Compliance with Agreement and Local Law

You agree to use the Site only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.3  No Automated Access

You agree not to access (or attempt to access) any of the Site by any means other than through the interface that is provided by MyPerfectBottle, unless you have been specifically allowed to do so pursuant to separate written agreement with MyPerfectBottle. You specifically agree not to access (or attempt to access) the Site through any automated means including but not limited to the use of scripts or web crawlers.

5.4  No Disruptive Activity

You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site.

5.5  No Reproduction

Unless you have been specifically permitted to do so in a separate written agreement with MyPerfectBottle, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site or any portion thereof for any purpose.

5.6  No Sale to Minors

You agree that you will not sell any alcoholic beverage to any person under the applicable legal age or solicit the sale of alcohol if prohibited from doing so by law.

5.7  No Framing of Linking

You agree that you will not Frame or link to the Site except as permitted in writing by MyPerfectBottle.

6. Privacy and your personal information

6.1  Privacy Policy

For information about MyPerfectBottle’s data protection practices, please read MyPerfectBottle’s Privacy Policy. This policy explains how MyPerfectBottle treats your personal information, and protects your privacy, when you use the Site.

6.2  Acceptance of Privacy Policy

You agree to the use of your data in accordance with MyPerfectBottle’s privacy policies.

7. Site Content

7.1  Definition of Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

7.2  Intellectual Property Rights in Content

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MyPerfectBottle (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MyPerfectBottle or by the owners of that Content, in a separate agreement.

7.3  Responsibility for Content

You agree that you are solely responsible for (and that MyPerfectBottle has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MyPerfectBottle may suffer) by doing so.

8. Intellectual Property

8.1  MyPerfectBottle’s Propriety Material

Unless you have agreed otherwise in writing with MyPerfectBottle, nothing in this Agreement gives you a right to use any of MyPerfectBottle’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.2  Your Propriety Material

Other than the limited license set forth below, MyPerfectBottle acknowledges that it obtains no right, title or interest from you in or to any Content that you submit, post, transmit or display on, or through, the Site, including any intellectual property rights which subsist in that Content. You agree that you are responsible for protecting and enforcing those rights and that MyPerfectBottle has no obligation to do so on your behalf.

8.3  No Confusing Use

You agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8.4  Limited License from MyPerfectBottle

MyPerfectBottle gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided as part of the Site as provided to you by MyPerfectBottle. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by MyPerfectBottle, in the manner permitted by this Agreement.

8.5  No Derivative Works

You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MyPerfectBottle, in writing.

8.6  Your Content License to MyPerfectBottle

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MyPerfectBottle a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling MyPerfectBottle to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. You agree that this license includes a right for MyPerfectBottle to make such Content available to other companies, organizations or individuals with whom MyPerfectBottle has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

8.7  Modificatons to Content for Technical Reasons

You understand that MyPerfectBottle, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MyPerfectBottle to take these actions.

8.8  Warranty of Ownership

You confirm and warrant to MyPerfectBottle that you have all the rights, power and authority necessary to grant the license for forth in Section 9.6.

9. Advertisements

The Site is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site, queries made through the Site or other information. In consideration for MyPerfectBottle granting you access to and use of the Services, you agree that MyPerfectBottle may place such advertising on the Site.

10. Other content

10.1  Links Leaving the Site

The Site may include hyperlinks to other web sites or content. MyPerfectBottle may have no control over web sites or content which are provided by companies or persons other than MyPerfectBottle. You acknowledge and agree that MyPerfectBottle is not responsible for the availability of any such external sites or content, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

10.2  Liability

You acknowledge and agree that MyPerfectBottle is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

11. General

11.1  Termination of this Agreement

MyPerfectBottle reserves the right to suspend or terminate any Winery’s, Merchant’s or Member 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 written consent from MyPerfect Bottle.

11.2  Indemnity

Except in the case where the MyPerfectBottle is grossly negligent or engages in willful misconduct, you agree to pay, indemnify, and hold MyPerfectBottle (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 MyPerfectBottle arising out your misconduct in respect of the use of the site; and/or

(4) any action taken by MyPerfectBottle under your instructions in relation to the use of the Site.

11.3  Disclaimer of Warranties

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. MyPerfectBottle 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. MyPerfectBottle and its suppliers make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.

MyPerfectBottle 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.

MyPerfectBottle 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.

11.4 Limitation of Liability

Except in the case where the MyPerfectBottle is grossly negligent or engages in willful misconduct, you expressly understand and agree that MyPerfectBottle 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 MyPerfectBottle 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 Winery or 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.

11.5  No Association

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between MyPerfectBottle and you or any Winery or Merchant is intended or created by this Agreement.

11.6  No Assignment

You may not assign your right or delegate your duties under this Agreement

11.7  Force Majeure

MyPerfectBottle 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).

11.8  Entire Agreement

This Agreement (as amended from time to time) comprises the entire agreement between you and MyPerfectBottle 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 MyPerfectBottle services, third-party content or third-party software. Wineries and Merchants are also subject to further agreements regarding those services.

11.10  Severability

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.

11.11  No waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

11.12  Jurisdiction Over Disputes

MyPerfectBottle may pursue any other remedy legally available to it if you fail to comply with any of your obligations contained in this Agreement. MyPerfectBottle, LLC, Inc. is headquartered in Davie, FL, 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 Florida and you submit to the exclusive jurisdiction of the Florida Courts.