Terms of Use - MGM Wine & Spirits

WWW.MGMWINEANDSPIRITS.COM
WEB SITE Privacy Policy

Welcome to the web site of MGM Liquor Stores, Inc. (“MGM”). MGM is pleased to make this web site located at https://mgmwineandspirits.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

Note that MGM stores are independently owned and operated. These Terms of Use do not apply with respect to the MGM stores, any or all of which may have different web sites, terms of use, and privacy policies developed by the owners and operators of those stores.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with MGM through the Login/Registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All software, technology, and content included on this Site or used in the operation of this Site, such as text, graphics, logos, button icons, images, audio and/or visual clips, is the owned or licensed property of MGM or its software, technology, and content suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of MGM and protected by U.S. and international copyright laws. MGM grants you permission to view and use software, technology, and content made available to you on the Site in connection with your own personal, internal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the software, technology, or content on this Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of MGM and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the software, technology, and content included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of MGM. Any use of these rights without the prior written permission of MGM is strictly prohibited.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, pricing, availability, and other matters.

MGM reserves the right to: (i) discontinue the sale of any product or service listed on this Site at any time without prior notice; (ii) change the price of any products or services listed on this Site at any time without prior notice; and (iii) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Charges and Fees

If products or services are made available for purchase at the Site, you authorize MGM and any payment processing service provider it may engage to charge your credit card for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card. Unless otherwise specified, any amounts paid to MGM are nonrefundable.

Orders

If products or services are made available for purchase at the Site, you are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order, all of which shall be added to your total invoice price. The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of MGM’s offer to sell. MGM reserves the right at any time to limit the quantity of products or services ordered and/or refuse to sell to anyone.

Links to Other Web Sites

The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. MGM does not review or monitor the web sites linked to this Site and MGM is not responsible for the content or policies of any other web sites. The Site might contain links to MGM stores, all of which are independently owned and operated. Any link established by MGM does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between MGM and the operators of other web sites. MGM disclaims any liability with respect to your use of any other web site, and you release MGM from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by MGM, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Third Party Content

This Site may contain or provide you with access to third party content which is completely independent of MGM. MGM does not review this content and is not responsible for it. Your interactions with persons or organizations found on or through your use of this Site; including without limitation, interactions through social media, are solely between you and such persons or organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline dealings with any of these third parties. MGM disclaims any liability with respect to such content and dealings, and you release MGM from any liability related to such content and dealings. If there is a dispute between you and any third party relating to such content or dealings, or otherwise, you agree that MGM is under no obligation to become involved.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OF USE OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES ON THIS SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. MGM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE SITE WILL OPERATE IN AN ERROR‑FREE OR UNINTERRUPTED MANNER; (II) THE SITE AND THE ONLINE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE SITE WILL SATISFY YOUR REQUIREMENTS; (IV) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V) MGM WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VI) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED. MGM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THIS SITE WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE. MGM MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MGM MAKES NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

IN NO EVENT SHALL EITHER MGM OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall MGM’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations

As a visitor to this Site you shall not:

violate any applicable law or regulation;
upload, post, use, or otherwise make available (each, a “Post”), including by e-mail, any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
Post any content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
disrupt or interfere with the operation of this Site by overloading or exceeding the capacity of this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites;
disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
use this Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on this Site (“User Content”). In addition to the rights granted to MGM elsewhere in these Terms of Use, you hereby grant MGM the irrevocable right to copy and use User Content in connection with this Site and for the purposes related to your Post of the User Content. Although MGM has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, MGM reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to this Site and to grant the rights to MGM you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Reviews

This Site may provide you and other users of this Site with the opportunity to tell MGM and other users of this Site what you think about MGM’s products or services (“Product Reviews”). Product Reviews may be facilitated or provided, in whole or in part, by a third party service provider. In that case, you will need to review the terms of service for that third party’s website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews. If you create and Post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user who makes the Post of such reviews, and MGM does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of MGM. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.

Submissions

Any and all comments, suggestions, contest or sweepstakes entries, Product Reviews, and similar materials or information that you send or submit to MGM or a third party provider on this Site, by a Post or otherwise (collectively, “Submissions”), shall become MGM’s property; and you hereby transfer, sell, and assign to MGM all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. MGM has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. MGM shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Endorsements and Testimonials

Some of the people providing endorsements or testimonials on this Site, whether consumers, celebrities, experts or otherwise, have benefited in some way by receiving products or other compensation in return for their endorsements or testimonials about products or services offered by MGM.

Indemnification

You agree to indemnify, defend, and hold MGM and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that you incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Changes to Terms of Use

These Terms of Use may be changed without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that MGM shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site

MGM may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and MGM reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MGM reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.

General Provisions

Any failure by MGM to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with MGM, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota.

If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Contact

For questions or comments related to this Site or these Terms of Use, please email MGM at info@nullmgmwineandspirits.com.

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